Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings at threshold - Court is required to examine whether allegations made in complaint along with materials in support thereof make out a prima facie case to proceed against accused or not - In exceptional circumstances, Court may take..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Each and every complaint u/s 138 of the Act shall contain a synopsis in the given format which shall be filed immediately after the index (at the top of the file) i.e. prior to the formal complaint, under the following heads - (a) Particulars of parties; (b) Cheque details; (c) Dishonour;..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure of accused to reply to statutory notice u/s 138 of the Act leads to an inference that there is merit in complainant's version...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - When the cheque amount is not mentioned in the notice or amount different than actual cheque amount is mentioned in the notice, such notice would stand invalid in eye of law...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Condition of notice u/s 138 Proviso (b) of the Act is required to be complied with meticulously - Even typographical error can be no defence - Error even if typographical would be fatal to legality of notice, given the need for strict mandatory compliance...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Notice to be issued u/s 138 Proviso (b) of the Act, must mention the same amount for which the cheque was issued - It is mandatory that demand in the statutory notice has to be very amount of cheque - After mentioning the exact cheque amount, sender of service may claim in..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Cheque which was drawn by respondent was for Rs.1,00,000 whereas in the notice issued u/s 138 Proviso (b) of the Act appellant mentions the amount of Rs.2,00,000 - Defence would not hold good that different amount mentioned in the notice was out of inadvertence - Even if..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused failed to rebut the presumption u/s 139 of the Act - Complainant on the other hand has succeeded in establishing that cheque was issued by accused in discharge of a legally enforceable debt - Registered notice sent to accused was returned as unclaimed - Endorsement in notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Postal receipt not produced - This fatal defect means that statutory notice was never received by accused and fifteen days period never commenced - Absence of proof of receipt of notice is fatal in any event - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Liability of partners along with partnership firm is joint and several, even in absence of a partnership firm being proceeded against by complainant by issuance of legal notice as mandated u/s 138 of the Act or being made an accused specifically in a complaint filed..........
